Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; Trip Limit Reduction, 29989-29990 [E8-11538]
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Federal Register / Vol. 73, No. 101 / Friday, May 23, 2008 / Rules and Regulations
dwashington3 on PRODPC61 with RULES
the authority of HSWA take effect in
authorized states before they are
authorized for the requirements. Thus,
EPA will implement those requirements
and prohibitions in Utah, including
issuing permits, until Utah is authorized
to do so. For further background on the
scope and effect of today’s action to
approve Utah’s RCRA program
revisions, please refer to the preambles
of EPA’s March 7, 2008 proposed and
immediate final rules at 73 FR 12340
and 73 FR 12277, respectively.
D. Statutory and Executive Order
Reviews
The Office of Management and Budget
has exempted this action from the
requirements of Executive Order 12866,
‘‘Regulatory Planning and Review’’ (58
FR 51735, October 4, 1993), and,
therefore, this action is not subject to
review by OMB. This action authorizes
state requirements for the purpose of
RCRA 3006 and imposes no additional
requirements beyond those imposed by
state law. Accordingly, I certify that this
action will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this action authorizes
pre-existing requirements under state
law and does not impose any additional
enforceable duty beyond that required
by state law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4). For
the same reason, this action also does
not significantly or uniquely affect the
communities of Tribal governments, as
specified by Executive Order 13175,
‘‘Consultation and Coordination With
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000). This action
will not have substantial direct effects
on the states, on the relationship
between the national government and
the states, or on the distribution of
power and responsibilities among the
various levels of government, as
specified in Executive Order 13132,
‘‘Federalism’’ (64 FR 43255, August 10,
1999), because it merely authorizes state
requirements as part of the state RCRA
hazardous waste program without
altering the relationship or the
distribution of power and
responsibilities established by RCRA.
This action also is not subject to
Executive Order 13045, ‘‘Protection of
Children From Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
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subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001), because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 3006(b), EPA grants a
state’s application for authorization as
long as the state meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for
EPA, when it reviews a state
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988,
‘‘Civil Justice Reform’’ (61 FR 4729,
February 7, 1996), in issuing this rule,
EPA has taken the necessary steps to
eliminate drafting errors and ambiguity,
minimize potential litigation, and
provide a clear legal standard for
affected conduct. EPA has complied
with Executive Order 12630,
‘‘Governmental Actions and Interference
with Constitutionally Protected Property
Rights’’ (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2). This
action will be effective May 23, 2008.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
PO 00000
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29989
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Incorporation-byreference, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: May 12, 2008.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E8–11648 Filed 5–22–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 060525140–6221–02]
RIN 0648–XI05
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Resources of the South
Atlantic; Trip Limit Reduction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; trip limit
reduction.
AGENCY:
SUMMARY: NMFS reduces the
commercial trip limit for golden tilefish
in the South Atlantic to 300 lb (136 kg)
per trip in or from the exclusive
economic zone (EEZ). This trip limit
reduction is necessary to protect the
South Atlantic golden tilefish resource.
DATES: This rule is effective 12:01 a.m.,
local time, May 27, 2008, through
December 31, 2008, unless changed by
further notification in the Federal
Register.
FOR FURTHER INFORMATION CONTACT:
Britni Tokotch, telephone 727–824–
5305, fax 727–824–5308, e-mail
Britni.Tokotch@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic is managed under the Fishery
Management Plan for the SnapperGrouper Resources of the South Atlantic
(FMP). The FMP was prepared by the
South Atlantic Fishery Management
Council and is implemented under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
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29990
Federal Register / Vol. 73, No. 101 / Friday, May 23, 2008 / Rules and Regulations
Under 50 CFR 622.44(c)(2), NMFS is
required to reduce the trip limit in the
commercial fishery for golden tilefish
from 4,000 lb (1,814 kg) to 300 lb (136
kg) per trip when 75 percent of the
fishing year quota is met, by filing a
notification to that effect in the Federal
Register. Based on current statistics,
NMFS has determined that 75 percent of
the available commercial quota of
295,000 lb (133,810 kg), gutted weight,
for golden tilefish will be reached on or
before May 20, 2008. Accordingly,
NMFS is reducing the commercial
golden tilefish trip limit to 300 lb (136
kg) in the South Atlantic EEZ from
12:01 a.m., local time, on May 20, 2008,
until the quota is reached and the
fishery closes or 12:01 a.m., local time,
on January 1, 2009, whichever occurs
first.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such prior notice
and opportunity for public comment is
unnecessary and contrary to the public
interest. Such procedures would be
unnecessary because the rule itself has
already been subject to notice and
comment, and all that remains is to
notify the public of the trip limit
reduction. Allowing prior notice and
opportunity for public comment is
contrary to the public interest because
of the need to immediately implement
this action to protect the fishery because
the capacity of the fishing fleet allows
for rapid harvest of the quota. Prior
notice and opportunity for public
comment would require time and would
potentially result in a harvest well in
excess of the established quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30–day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
This action is taken under 50 CFR
622.43(a) and is exempt from review
under Executive Order 12866.
dwashington3 on PRODPC61 with RULES
Authority: 16 U.S.C. 1801 et seq.
Dated: May 19, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–11538 Filed 5–22–08; 8:45 am]
BILLING CODE 3510–22–S
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DEPARTMENT OF COMMERCE
Blackburn Drive, Gloucester, MA
01930–2298.
National Oceanic and Atmospheric
Administration
FOR FURTHER INFORMATION CONTACT:
Michael Ruccio, Fishery Policy Analyst,
(978) 281–9104.
SUPPLEMENTARY INFORMATION:
50 CFR Part 648
[Docket No. 070717341–8549–02]
Background
RIN 0648–AV41
The summer flounder, scup, and
black sea bass fisheries are managed
cooperatively by the Atlantic States
Marine Fisheries Commission
(Commission) and the Mid-Atlantic
Fishery Management Council (Council),
in consultation with the New England
and South Atlantic Fishery Management
Councils. The Summer Flounder, Scup,
and Black Sea Bass FMP and its
implementing regulations, which are
found at 50 CFR part 648, subparts A
(general provisions), G (summer
flounder), H (scup), and I (black sea
bass), describe the process for specifying
annual recreational management
measures that apply in the Exclusive
Economic Zone (EEZ). The states
manage these fisheries within 3 nautical
miles of their coasts, under the
Commission’s plan for summer
flounder, scup, and black sea bass. The
Federal regulations govern vessels
fishing in the EEZ, as well as vessels
possessing a Federal fisheries permit,
regardless of where they fish.
The 2008 coastwide recreational
harvest limits, after deduction of
research set-aside (RSA), are 6,215,800
lb (2,819 mt) for summer flounder,
1,830,920 lb (830 mt) for scup, and
2,108,447 lb (956 mt) for black sea bass.
The 2008 quota specifications, inclusive
of the recreational harvest limits, were
previously determined to be consistent
with the 2008 target fishing mortality
rate (F) for summer flounder and the
target exploitation rates for scup and
black sea bass.
The proposed rule to implement
annual Federal recreational measures
for the 2008 summer flounder, scup,
and black sea bass fisheries was
published on March 21, 2008 (73 FR
15111), and contained management
measures (minimum fish sizes,
possession limits, and fishing seasons)
intended to keep annual recreational
landings from exceeding the specified
harvest limits.
Fisheries of the Northeastern United
States; Recreational Management
Measures for the Summer Flounder,
Scup, and Black Sea Bass Fisheries;
Fishing Year 2008
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues this final rule to
implement recreational management
measures for the 2008 summer flounder
and scup fisheries and to notify the
public that the recreational management
measures for the black sea bass fisheries
remain the same as in 2007. The actions
of this final rule are necessary to comply
with regulations implementing the
Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan (FMP) as
well as to ensure compliance with the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). The intent of
these measures is to prevent overfishing
of the summer flounder, scup, and black
sea bass resources.
DATES: Effective June 23, 2008, except
for the amendment to § 648.107(a)
introductory text, which is effective
May 23, 2008.
ADDRESSES: Copies of supporting
documents used by the Summer
Flounder, Scup, and Black Sea Bass
Monitoring Committees and of the
Environmental Assessment, Regulatory
Impact Review, and Initial Regulatory
Flexibility Analysis (EA/RIR/IRFA) are
available from Daniel Furlong,
Executive Director, Mid-Atlantic
Fishery Management Council, Room
2115, Federal Building, 300 South
Street, Dover, DE 19901–6790. The EA/
RIR/IRFA is also accessible via the
Internet at https://www.nero.noaa.gov.
The Final Regulatory Flexibility
Analysis (FRFA) consists of the IRFA,
public comments and responses
contained in this final rule, and the
summary of impacts and alternatives
contained in this final rule. Copies of
the small entity compliance guide and
supplemental economic analysis
document are available from Patricia A.
Kurkul, Regional Administrator,
Northeast Region, NMFS, One
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2008 Recreational Management
Measures
Additional discussion on the
development of the recreational
management measures appeared in the
preamble of the proposed rule and is not
repeated here. All minimum fish sizes
discussed below are total length
measurements of the fish, i.e., the
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23MYR1
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[Federal Register Volume 73, Number 101 (Friday, May 23, 2008)]
[Rules and Regulations]
[Pages 29989-29990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11538]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 060525140-6221-02]
RIN 0648-XI05
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Resources of the South Atlantic; Trip Limit Reduction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; trip limit reduction.
-----------------------------------------------------------------------
SUMMARY: NMFS reduces the commercial trip limit for golden tilefish in
the South Atlantic to 300 lb (136 kg) per trip in or from the exclusive
economic zone (EEZ). This trip limit reduction is necessary to protect
the South Atlantic golden tilefish resource.
DATES: This rule is effective 12:01 a.m., local time, May 27, 2008,
through December 31, 2008, unless changed by further notification in
the Federal Register.
FOR FURTHER INFORMATION CONTACT: Britni Tokotch, telephone 727-824-
5305, fax 727-824-5308, e-mail Britni.Tokotch@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic is managed under the Fishery Management Plan for the Snapper-
Grouper Resources of the South Atlantic (FMP). The FMP was prepared by
the South Atlantic Fishery Management Council and is implemented under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part
622.
[[Page 29990]]
Under 50 CFR 622.44(c)(2), NMFS is required to reduce the trip
limit in the commercial fishery for golden tilefish from 4,000 lb
(1,814 kg) to 300 lb (136 kg) per trip when 75 percent of the fishing
year quota is met, by filing a notification to that effect in the
Federal Register. Based on current statistics, NMFS has determined that
75 percent of the available commercial quota of 295,000 lb (133,810
kg), gutted weight, for golden tilefish will be reached on or before
May 20, 2008. Accordingly, NMFS is reducing the commercial golden
tilefish trip limit to 300 lb (136 kg) in the South Atlantic EEZ from
12:01 a.m., local time, on May 20, 2008, until the quota is reached and
the fishery closes or 12:01 a.m., local time, on January 1, 2009,
whichever occurs first.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA, (AA), finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) as such prior notice and opportunity for
public comment is unnecessary and contrary to the public interest. Such
procedures would be unnecessary because the rule itself has already
been subject to notice and comment, and all that remains is to notify
the public of the trip limit reduction. Allowing prior notice and
opportunity for public comment is contrary to the public interest
because of the need to immediately implement this action to protect the
fishery because the capacity of the fishing fleet allows for rapid
harvest of the quota. Prior notice and opportunity for public comment
would require time and would potentially result in a harvest well in
excess of the established quota.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in the effectiveness of this action under 5
U.S.C. 553(d)(3).
This action is taken under 50 CFR 622.43(a) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 19, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-11538 Filed 5-22-08; 8:45 am]
BILLING CODE 3510-22-S
